Patna High Court
Rahul Kumar @ Ashwani Kumar @ Rahul Prasad @ Rahul Prasad VermaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner on the condition of a bond and sureties.
Summary
The petitioner, Rahul Kumar, proprietor of a clinic, was arrested in connection with the death of the informant's sister, alleged to have resulted from negligence and inappropriate treatment. He was charged under Sections 406, 420, 304 and 34 of the Indian Penal Code. The petitioner contended that he had no direct involvement in the medical procedure, which was performed by the clinic's doctor, and that his inclusion as an accused was solely due to his ownership of the clinic. The State opposed his bail application, citing the seriousness of the offences. Considering the facts, the period of custody since 6 December 2025, and the lack of personal involvement, the Court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner, as proprietor of the clinic, is entitled to bail despite being charged with Sections 406, 420, 304 and 34 IPC.
- Whether the petitioner’s alleged lack of direct involvement in the medical negligence warrants bail.
Legislation cited
- Indian Penal Code — s. 304, 34, 406, 420
Subjects
- bail
- Indian Penal Code
- Section 406
- Section 420
- Section 304
- Section 34
- medical negligence
- proprietor liability
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7992 of 2026
Arising Out of PS. Case No.-758 Year-2019 Thana- LAKHISARAI District- Lakhisarai
======================================================
Rahul Kumar @ Ashwani Kumar @ Rahul Prasad @ Rahul Prasad Verma
Son of Krishnandan Prasad R/o Ghuskuri, P.S.- Aryari, Dist.- Sheikhpura,
Bihar, India presently residing at Village Lali Pahari Chauk, P.S.- Kabaiya,
Dist.- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilesh Kumar , Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State .
2. The petitioner seeks bail in a case registered for
offence under Sections 406, 420, 304 and 34 of IPC .
3 . As per F.I.R. petitioner is proprietor of the clinic
wherein due to negligence and inappropriate treatment, sister of
the informant died.
4. Learned counsel for the petitioner submits that
petitioner has made accused in this case only because he appens
to be proprietor of the clinic in question . As per F.I.R. it was
doctor of the clinic who conducted operation and this petitioner
has played no role in the treatment of deceased. Petitioner is in
custody since 06.12.2025 .
Patna High Court CR. MISC. No.7992 of 2026(2) dt.16-02-2026
2/2
5. Learned A.P.P. for the State opposes the prayer for
bail.
6. Considering the aforesaid facts and circumstances
as well as period of custody , let the above named petitioner be
released on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned District and Additional session Judge III ,
Lakhisarai in connection with Lakhisarai P.S. Case No. 758 of
2019.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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